SPRINGFIELD – The start date of the double murder retrial of Paul L. Fickling will depend on the availability of a DNA expert, the prosecution and defense told Hampden Superior Court Judge C. Brian McDonald on Tuesday.

Paul L. Fickling

McDonald on Tuesday heard arguments on a number of pre-trial motions, some dealing with what testimony will be allowed at trial, and took them under advisement.

Fickling has been granted a new trial for the 1996 deaths of Amy Smith and her 22-month-old daughter, crimes for which he is serving two life sentences.

Hampden District Attorney William M. Bennett and defense lawyer Greg T. Schubert told McDonald that they would try to get a firm date for Brian Wraxall, a nationally known DNA expert, will be able to testify.

McDonald said the trial date will be discussed in court on Friday.

Timothy B. Callahan, 30, of Agawam, a witness slated to be called at trial by Bennett, was brought to the courtroom from Hampshire County Correctional Center for pre-trial questioning. Schubert is questioning Callahan’s relationship with federal and state authorities and how it could affect his trial testimony.

Callahan, who has a lengthy criminal record, made a statement to authorities saying Fickling admitted his guilt in Amy Smith’s death while the two men were in state prison together, court records show.

Schubert had been allowed by McDonald to question Callahan about the dates he started cooperating with federal authorities by giving them information on crimes.

Callahan has also signed a cooperation agreement with Bennett’s office to testify against his co-defendent, Jeff Friberg, in a Hampden Superior Court case where the two are charged with multiple counts of breaking and entering case.

Callahan, who is awaiting sentencing on federal firearms charges, said that the conversation with Fickling took place in 2001, when he was not a cooperating witness for state or federal authorities.

Schubert argued that Callahan didn’t contact authorities volunteering information about Fickling until years after the alleged 2001 conversation and until after Callahan had begun cooperating with authorities on other cases.

Callahan’s appearance at the pre-trial session did not address what he will say on the stand at the trial, but it confirmed that he plans to testify about a conversation he said he had with Fickling.

Schubert in December 2008 filed a motion, which was successful, for retrial based on a confession of his uncle Alfred J. Gaynor that he alone killed Amy Smith, Fickling’s former girlfriend, and left her daughter Destiny to die of starvation and dehydration.